Keeley hands down 27-month term to Clarksburg man for gun crime

CLARKSBURG — A 42-year-old Clarksburg man has been sentenced to 27 months in federal prison for felony unlawful possession of a firearm.

Senior U.S. District Judge Irene M. Keeley also imposed a 2-year term of extended court supervision to begin once Jason Garcia Cano finishes his prison term.

Cano

Cano possessed a .22-caliber revolver during October 2016 in Harrison County. He isn’t permitted to possess guns due to a prior felony conviction in Texas, according to the office of U.S. Attorney Bill Powell.

The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Greater Harrison Drug and Violent Crimes Task Force investigated.

Also:

— The lawyer for former Bridgeport High School football coach and Liberty High School teacher Joshua Daniel Nicewarner has filed a motion asking that one of the three charges against him be dismissed.

Attorney Belinda Haynie wants Judge Thomas A. Bedell to dismiss a charge of felony sexual abuse by a parent, guardian, custodian or person in a position of trust. The motion was sealed by the court due to sensitive information. Nicewarner’s accuser is a juvenile.

Nicewarner, 34, of Bridgeport, also was indicted on one count of distribution of obscene matter to a minor, and one count of soliciting a minor via computer. He has pleaded innocent to all three counts, and his trial is set the week of March 12.

Nicewarner could face 10-20 years in prison if convicted of sexual abuse by a parent, guardian, custodian or person in a position of trust. He could face 2-10 years if convicted of soliciting a minor via computer and up to 5 years in prison if convicted of use of obscene matter with intent to seduce a minor.

He is accused of sending a lewd video to a juvenile teen female. Nicewarner also requested the female send inappropriate photos of herself, according to officials.

— James Joseph Toll, 34, of Shinnston, has pleaded guilty before Bedell to felony delivery of methamphetamine, according to Harrison Assistant Prosecutor James Armstrong.

Toll will be sentenced in March.

— The state established probable cause for a charge of felony possession with intent to deliver methamphetamine against John Michael Aiello, 38, of Gypsy.

The two worked together in trying to steal 32 items of merchandise valued at nearly $1,300 from the Meadowbrook Mall JCPenney store, Bridgeport Pfc. Christopher Sayers has alleged.

The theft was foiled by a store loss prevention officer, according to the criminal complaint.

Gorby set bail at $5,000, cash or surety, for each defendant.

— Bedell has revoked William Adam Nicholson’s probation and sentenced him to jail to finish the remainder of his sentence for misdemeanor attempt to commit petit larceny.

The sentence came over the objection of defense attorney Ryan Shreve, while Shockley had asked the court to impose jail for Nicholson, 26, of Mount Clare.

— Robert Goy Emerson, 43, of Lost Creek, has pleaded no contest in Harrison County Magistrate Court to misdemeanor possession of methamphetamine and been sentenced to 90 days in jail.

Emerson receives credit for having been in jail since Nov. 30.

The plea resolves a case in which Emerson initially had been charged in state court with felony possession with intent to deliver meth, and conspiracy.

Codefendant Michael Warren Crofford II, 37, of Salem, has been charged with reckless fleeing, false evidence of registration sticker, and possession with intent to deliver meth. His case has moved from magistrate court to circuit court.

— Shelli Marie Lantz, 32, of Clarksburg, has been charged with felony third-offense shoplifting by State Police Tfc. Roger Glaspell.

Lantz shoplifted about $25 in merchandise Saturday from the Food Lion at 1713 Milford St., near Clarksburg, Glaspell alleged.

Gorby set bail at $5,000, cash or surety.

— Melissa Dawn Swiger, 34, of Clarksburg, has given up her right to a probable cause hearing before DeMarco on a charge of felony third-offense shoplifting.

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